The Republican journal. [volume] (Belfast, Me.) 1829-current, 1887-11-03
Supreme Judicial Court.
JUSTICE LIIsBY PRESIDING.


to recover on two promissory notes of $2l each.
The notes were signed by the three defendants,
but before the case was called Enos A. and Elijah
7. Flagg defaultcd leaving Mrs. Hall the sole
defendant in the action. The plh's side is that
Mrs. Hail. who is his aunt, held quit claim deed
of his fathers property. That there was an cx-
ccution against his father which pin. paid. The
dcit. said if pin. would pay the claim she would
help him, that there was property enough to pay
all. And that she signed the two notes in ques
while her husband was very ill and said he want
cd her to sign a writing, that he should have his
pay out OF the place, that the writing would not
hurt her She did not the paper but told him
TO come next day. The conversation was in pres
cEcc of third person. The deft. did sign the pa.
per, but did not read or know the contents. She
did not know that the paper was notes until she
was threatened with suit Mrs Hall is lady 81
years old. Verdict for deft., that she did not
promise to pay, etc. Brown for pin. Fogler for
deft.
Jerome +. Manning appellant, VS.. August, Dever.
cauN, adinrN. An action to annul the appointment
the deft administrators of the estate of the late
Albert DeyereauN. The pin. is Boston Attorney
and the def. is from Stockton. The plfr. prose
cauX, before the claims commission, and obtained
Judgment for between $1,000 and $1,000. He de-
ductcd thirty per cent from the amount as his fees
and forwarded the remainder to Mrs DevereauX,
the husband being at sea. Capt. Dcvercaux sailed
from Port Span Trinidad, Oct. 4, 1884, in bark
Cinderella, bound for Philadelphia, since which
time nothing has been heard from him. In April
lsS5, the insurance company which insured the
the insurance when she was appointed administra
trlN OF her husbands estate She was appointed
by the Probate Court in April, 1885. Among her
husbands papers she found contract where it
was agreed to prosecute her husbands claim for
l25e per cent. She brought suit against Manning
in Massachusetts, to obtain the difference between
l2ls per cent. and 80 per cent. which had been
paid, and obtained verdict. The matter is now
before the law court of Massachusetts,. If the plT
in this suit can break up the appointment Of Mrs
DcvereauN it will kill the Massachusetts suit
The pin. claims that in law there is no evidence of
the death of Capt. ID. This case is an appeal
from the Judge of Probate who refused to annul
the appointment. The case was heard before the
Judge who sustained tho Judge of the Probate
Court Williamson for pin. Thompson 4 Dunton
Tor def.
TRAITOR of the estate of Reuben sibey, of Belfast
This is another suit growing of the collection
of Alabama claims. After the payment Of the
first class claims there was surplus of the Ge-
neva award which was paid to second class claim
ants, those who paid high risks. There was
net a sufficient to pay these claims in full and
they were paid pro rata-a trie over thirty five
per cent. of the judgment. Mr.. Manning agreed
Of the amount collected and paid. The Judgment
was ior 5'l,i7o, hut the amount paid was 1923 The
plh. claimed he should have twenty per cent on
the Judgment Of :l,1.o while the dcft. claimed he
Should have only twenty per cent. of the 1923 col
ccted and paid. The judge ordered the jury to
ihd verdict for pin. for twenty per cent. on the
amount collected and paid, with interest amount
liz 10 Sli3l11. Williamson for pin. Fogler for
def.
jerome j. Manning VS.. W. III. Fogler, admins
TRAITOR Of the estate of Amos bow, of Searsport.
This is another case growing out of collections in
the Alabama award. Mr.. IL. H. Grant, admins
tr;itor OF Tie estate Of William McGilvery, made a
written contract with the plff. to collect claims in
the name of the Mc(lvery estate to the amount of
nearly so 600, for ten per cent. These claims
were made up of Il large number of claimants and
included among others the claim of Capt. Amos
bow The pin. could not put them through in a
bunch but had to take the cases singly, and now
says that he did not agree to take these claims for
ten per cent? but the McGilycrv claim only. The
dctt. says all the claims were included in one
ease ami that he paid Mr.. Grant the ten per cent
Oh SOL. the amount received in the Dow claim
The lin. sues for S34.,, about sixty per cent of
the amount received. Verdict for pin. for Sal "a
Williamson for plh. Foger and Thompson for tieft.
T. W Cram in equity, Us. \. L. Gilman. Liberty
parties. I'm appeal from the decision of a Master
IN Ch3ncory Property matters were involved
The pin. was to have certain property when he
paid dett. what he owed him. George f. johnson
a. Master of Chancery, decided that pin. owed
'lett 5000, from which an appeal was taken. Yer
diet 10 be given later.
DAME! llaralcm al, appeal from the decision
OF Judge of Probate vs.. the City of Belfast This
relates to the plfs trustees of the Wilson cs.
tate. bequeatlet 10 the city Plfs filed their ac
count in Probate Court in June 1856, which was
finally settled March ss7. The Judge of Probate
ordered the trustees to charge themselves with
interest at SIX per cent, the cash in hand from
June 1856, the time they were notified that the
money was needed. to March 1887, when it was
actually paid over to the city, from which they
appealed. Continued to next term. Fogler for
plhs Williamson for def.
In the paupoI between belmont and Lin
'a'llNille, exceptions were flee, and allowed, which
doubtless ineans new trial.
CRIMINAL DOCKET.
James Mcdonald, the tramp indicted for break
lh9 amt entering tie store of Rufus Gilmore at
bu'niiahn. was arra@ned last week and in answer
t" the clerk who asked him if he was guilty or not
guilty Mcdonald said "Guilty of taking the
money, but not guilty Of breaking and entering
The plea Was entered "not guilty. Thursday
Mcdonald was again in court and said he wished
to letrart his former plea and plead guilty, which
WAS dong. In answer to the Judge, Mcdonald
sili ne was nineteen years old and lived in Bos-
ton where Ills parents now. That he was
never before arrested, and that when the burglary
WAS committed he was from the east and was tray
cling TO Boston He said he had not written his
parents and that they did not know of his where
abottS. Mcdonald is Il bright appearing and fine
looking Young man. Judge Libby sentenced him
t" three years hard labor in the State prison at
Thoma>ton.
Amos VI. West, of Belfast, indicted for an as
s.ult With scythe upon James r. Wight, was ar.
ralgne't on Friday and pleaded guilty, and was
sentenced to pay fine of $50 and costs and in de
fault of payment to be committed. Paid.
On saturday the case of Il. Frank Pierce inlict-
eel Tor aiding III maintaining nuisance was call
ed. His counsel filed demurrer which was over.
ruled ana exceptions were filed and allowed The
ease goes to the law court
state VS.. Abncr q. Gilmore of Belfast. This
action WAS On an indictment for Il single sale of
intoxicating iquOr-second offence. Plea not gull
t.. The Indictment alleged that on the first of
March last the respondent sold four gallons of
witness for thc state was David T. Dow, of Free
dom, who swOre before the Grand Jury that he
saw Gilmore deliver the liquor, but on the witness
stand he could not identify Gilmore and said he
thought he was not present at the sale lie admit
ted that he had seen and talked with Gilmore
since he came to town. The respondent made no
defence. To make up the jury Sheriff Wadsworth
went upon the street and took two men-H c.
Bailey, Of Belfast, and J. NJ. Clarey, of Waldo.
The jury was out until three O'Clock Tuesday
morning. Nerdict-guilty. County Attorney Dun
ton for state. Fogler for respondent.
state vs.. Abner &. Gilmore. This action. like
the other, WAS an indictment for a single sale
serond offence. The Indictment alleged that Il sale
of one-half pint of rum was made Oh Oct 10 to
Stephen Lane, of Frankfort. Mr.. Lane testified
that he bought the liquor in question for which he
paid thirty cents. The liquor was given to State
Constable John a. Partridge. That Gilmore drove